Short Answer

Yes, you can block redevelopment even if 75% have voted yes.

Detailed Explanation

Section 44 of the Gujarat Cooperative Societies Act, 1961 states that for any decision regarding redevelopment, the consent of at least 75% of the members is required. However, Section 44(4) provides an exception where any member can opt-out of the redevelopment process by giving a written notice to the society within a specified time frame.

This means that even if 75% of the members have voted in favor of redevelopment, individual members who do not wish to participate can block the redevelopment by opting out as per the provisions of Section 44(4). This ensures that the rights of individual members who do not wish to undergo redevelopment are protected.

In practice, if a society is considering redevelopment and has obtained the required 75% consent, individual members who do not wish to be a part of the redevelopment can exercise their right to opt-out by submitting a written notice to the society within the stipulated time period. This notice should clearly state their decision not to participate in the redevelopment process.

Real-world Scenarios

• Scenario 1: In a cooperative housing society, 75% of the members vote in favor of redevelopment. However, a few members are not in favor of the redevelopment due to personal reasons. They can individually opt-out by submitting a written notice to the society.

• Scenario 2: A society decides to undergo redevelopment, but some elderly members are not comfortable with the idea. They can choose to block the redevelopment by opting out as per Section 44(4) of the Act.

Reference

• Section 44 and Section 44(4) of the Gujarat Cooperative Societies Act, 1961: Official PDF